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Home My WebLink About1994 Ordinance No. 065• • • ORDINANCE NO. /d£ SEl!IE:l OF l.9!U BY AUTHORITY OOUNCIL BILL NO. 66 INTRODUCBD BY COUNCIL MEMBER HABENICHT AN ORDINANCE REPEALING CHAPl'ER 2F (THE ABATKMBNT FOR DANGEROUS BUILDING CODE) OF TITLE 8, ENGLEWOOD MUNICIPAL CODE 1985, AND REENACTING A NEW CHAPl'ER 2F ADOPl'ING BY REFERENCE THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 191M EDfflON, WITH CERTAIN EXCEPl'IONS, MODIFICATIONS AND AMENDMENTS . WHEREAS, the City of Englewood hu med the Uniform Code for Abatement orD.,,,.ror,a Buildings u a model code 1ince 1979; and WHEREAS, thi1 Code i1 updated periodically to keep pace with changinc technology; and WHEREAS, the City ofEnclewood Diviaion of Building and Safety ltaft"hu thoroughly reviewed the 1994 Edition of the Uniform Code for the Abatement ofDanllfflllll Buildings and recommend■ adoption thereof IUbject to certain esception1, modificationa, and amendments . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS : Swim..J., Chapter 2F of Title 8, Englewood Mwticipal Code 1985, ii hereby repealed and a new Chapter 2F i1 enacted adopting by referenca the Uniform Code f'or the Abatement or Dangerous Buildinp. l!l!M Edition, publi1hed by International Confe:ence or Building Officials, 5360 South Workman Mill Road, Whittier, California 90601, ••ibjeet to certain exceptions, modifications and amendments u (ollowa : CHAPmRI CONlffllUCffON AND 8AFBTY CODES AK'I1a.E F TBEABATEMENI' FOR DANGEROUS BtmJ>ING CODE 8-2F-l : CODE ADOPTED: THERE JS HEREBY ADOPl'ED, BY REFERENCE THERETO, THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS , l!l!M EDITION, PUBLISHED BY INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS , 5360 SOUTH WORKMAN MILL ROAD, WHITl'IER, CALIFORNV. 90601 , SUBJECT TO CERTAIN EXCEPl'IONS , MODIFICATIONS AND AMENDMENTS AS SET FORTH IN SECTION 8-2F-2 OF THIS ARTICLE . 8-2F-2 : SPECIFIC MODIFICATIONS TO ADOPDID CODE : THE FOLLOWING SPECIFIC CHANGES , MODIFICATIONS AND AMENDMENTS ARE HEREBY MADE IN THE PROVISIONS OF THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1994 EDITION, HEREINABOVE ADOPTED : A . DELETE SECTION 205 .1. B. DELETE SECTION 501. C . DELETE CHAPl'ER 6 IN ITS ENTIRETY . D . SECTION 801.1 -PROCEDURE. IN THE FIRST SENTENCE, DEIZl'E THE PHRASES 'THEREFORE TO THE DIRECTOR OF PUBLIC WORKS" AND "UNDER THI: DIRECTION OF SAID DIRECTOR". DELETE THE SECOND • SENTENCE IN ITS ENTIRETY. E . DELETE SECTION 801.2 . F . DELETE SECTION IIIYl . G. REPLACE CHAPIER 9 WITH THE FOLLOWING: SECTION 901 -NOTICE OF COST. WHEN ANY COSTS ARE INCURRED HY THE CITY IN CAUSING THE REPAIR OR DEMOLITION OF ANY BUILDING DONE PURSUANT TO THE PROVISIONS OF SECTION 701 .3 OF 'fHIS CODE, THE CITY MANAGER SHALL CAUSE A STATEME NT TO BE PREPARED BY THE DIRECTOR OF FINANCE SHOWING THE WHOLE COST OF REPAIR TO, OR DEMOLITION OF, ANY BUILDING, PLUS FIFTEEN PERCENT (15%) FOR ADMINISTRATIVE COSTS, AND SUCH STATEMENT SHALL BE MAILED TO THE PROPERTY OWNER(S) WITH INSTRUCTIONS THAT SAID STATEMENT WILL BE PAID IN FULL PLUS COSTS, WITHIN THIRTY DAYS OF SAID MAILING. SECTION 90'~ -ASSESSMENT. IF, AFTER THIRTY DAYS FROM SUCH MAILING DATE , THE FULL AMOUNT OF SUCH STATEMENT IS NOT PAID , THE CITY MANAGER SHALL INFORM CITY COUNCIL OF SUCH FACT, AND THE COUNCIL SHALL THEREUPON ENACT AN ORDINANCE ASSESSING THE WHOLE AMOUNT OF SUCH STATEMENT, PLUS AN ADDITIONAL TEN fERCBNT {lO'll,) OF SUCH AN • AMOUNT, AGAINST THE LOTS OR TRACTS OF REALTY TO WHICH SUCH STATEMENT SHALL PERTAIN. UPON FINAL PASSAGE OF SUCH ORDINANCE, A COPY THEREOF SHALL BE SENT TO EACH PERSON HAVING A RECORD INTEREST IN ANY REALTY UPON WHICH AN ASSESSMENT IS ~E. AND THE DIRECTOR OF FINANCE SHALL CERTIFY SUCH ASSESSMENTS TO THE COU NTY TREASURER WHO SHALL COLLECT SUCH ASSESSMENTS IN THE SAME MANNER AS AD VALOREM TAXES ARE COLLECTED . SECTION 903 -LIEN OF ASSESSMENT. ALL SUCH ASS~ENTS SHALL CONSTITUTE, FROM THE EFFECTIVE DATE OF THE ASSESSING ORDINANCE, A PERPETUAL LIEN IN THE SEVERAL AMOUNTS ASSESSED AGAIN :-1' EACH LOT OR TRACT OF LAND, AND SHALL HAVE PRIORITY OVER ALL LIENS EXCEPTING GF,NERAL TAX LIENS AND PRIOR SPECIAL ASSESSMENTS. NO DELA1!S, MISTAKES, ERRORS, OR IRREGULARITIES IN ANY ACT OR PROCEBDING AUTHORIZED HEREIN SHALL PREJUDICE OR INVALIDATE A."fY FINAL ASSESSMENT; BUT THE SAME MAY BE REMEDIED BY SUBSEQUENT AMENDMENTS, ACTS OR PROCEEDINGS, AS THE CASE MAY REQUIRE. WHEN SO REMEDIED , THE SAME SHALL TAKE EFFECT AS OF THE DATE OF THE ORIGINAL ACT OR PRO C EEDI NG. SECTION 904 -OT HER REMEDIES . THE AMOUNT OF ANY UNPAID CHARGE, PLUS ALL P0:1'ALTIES ADDE D THERETO, SHALL CONSTITUTE A DEBT )1_,E THE C ITY . THE CITY ATTORNEY SHALL, • • • • AT THE DIRECTION OF THE CITY MANAGER, INSTITUTE CIVIL SUIT IN THE NAME OF THE CITY TO RECOVER SUCH CHARGES AND PENALTIES. SUCH REMEDY SHALL BE CUMULATIVE WITH ALL OTHER REMEDIES, INCLUDING PROSECUTION IN MUNICIPAL COURT, FOR EACH AND EVERY VIOL!,TJON OF THIS CHAPl'ER. ~-'!'he General Penalty Provision ofE.M.C. 1-4-1 shall apply to eath and every violation of !.his ordinance . ~-Notice of public hearing shall be publillhed once at least fifteen (16) day1 preceding dat.e of;earing, which notice shall stat.e the 1ubject matt.er of the Code, the name and address of the agency by which said Code has been promulgated, time and place of hearing, and that copies of the foregoing Code are on file with the City Clerk and open to public inapection . ~-The City Clerk shall maintain at all time ■ copies of the Code available for purchase by the public at reasonable price. SJ:i:l.ilw...5., All ordinances and parts of ordinances of the City of Englewood in conflict or inconsistent herewith Rre hereby repealed. Introduced , read in full, and passed on first reading on the 21st day of November, 1994. Published as a Bill for an Ordinance on the 24th day of November, 1994. A Public Hearing was held on December 19, 1994 . Read by title and passed on final reading on the 19th day of December, 1994. Published by title a, Ordinance No .~ Series of 1994, on the 22nd day of December, 1994. I, Louc rishia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby certify that the above and foregoi ng is a true copy of the Ordinance passed on final reading and published by title a s Ordinance No .<es;-Series of 1994 . ~iJ.r£. Loucrishia A. Ellis • • COUNCIL Ca.alNICATION DIiie Agenct•llam November 21 , 1994 11 h INITIATED BY Subject Adoption of the Unifonn Code for the Abatement of Dangerous Buildings Department of Safety Serv ices I STAFF SOURCE Jim Blumenthal , Fire Marshal COi..lNC!:. GOAL AND PREVIOUS COUNCIL ACTION City Council previously adopted the 1988 Unifonn Code for the Abalernenl of Dangerous Buildings , which became effective on July 7, 1990. RECOMMENDED ACTION Staff recommends the adoption , by Ordinance , of the 1994 series of the Unifonn Code for the Abatement of Dangerous Bu ild ings , and requests that City Council determine a drl for a p,.olic hearing . BACKGROUND , ANALYSIS, AND AL TERNAT!VES IDENTIFIED See memorandum to Doug Clark dated Ociober 26, 1994 attached to Counul Communication for adoption of Uniform Build ing Code . FlNANt.;IAL IMPACT None . LIST OF ATTACHM'.:NTS Council Bill No. 66 .